Fir against adultary by wife
Pavan
(Querist) 28 June 2012
This query is : Resolved
D/Sir,
I lives in Delhi. My estranged spouse lives in M.P. and the accused ( 3rd person) lives in Silvassa. The accused is in illegal relationship with my estranged wife and she enjoyed holidays in Maharastra and Goa for 3 days. I have got the call records and journey records of my spouse. This is a criminal offense and I want to register case against the accused person. I want to file FIR immediately.
Please suggest , where should I file this FIR.
Arvind Singh Chauhan
(Expert) 28 June 2012
NO FIR can be registered in such case. You have only remedy to file private complaint directly in court against the accused, for 497 IPC.
Remember it is very hard task to prove adultery having lots of adverse effects.
SAINATH DEVALLA
(Expert) 28 June 2012
In what ay is the 3rd person accused?
As far as your query is concerned the accused according to it is your spouse.Can you establish authentic evidence against them if you file a case u/s 497ipc, for adultery?
Adv.R.P.Chugh
(Expert) 28 June 2012
I agree with Ld.Arvind.
Adultery is very difficult to prove, but not impossible to prove. The Court won't obviously insist on a direct eye witness testimony, and all adultery offences are proved through circumstantial evidence only. Hotel Reciepts/Journeys/Call Records etc. would go a long way in bringing home the offence.
As regards the procedure FIR directly can't be registered since it's not a cognizalbe offence you'd have to file a complaint before magistrate and lead evidence.
Feel free to talk !
Devajyoti Barman
(Expert) 28 June 2012
You can file complaint u/s 397 IPC but in absence of proof of physical relation the case would not lie.
Kiran Kumar
(Expert) 28 June 2012
rightly advised by Bharat
since its not a cognizable offence, FIR wont be registered...file private complaint and ensure proper evidence is collected.
Shonee Kapoor
(Expert) 28 June 2012
Where the alleged offence has been committed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 28 June 2012
As rightly advised, no FIR can be filed as it is not a cognizable offence. Before filing the complaint ensure that you have strict proof to prove that the 3rd person had a sexual relation with your wife. No court will hold him guilty and bung him into the prison merely because your wife spent some holidays with him in another state. Hotel receipts/call records may be considered sufficient to dissolve the marriage on the ground of adultery but would fall short of the requirement of 'strict proof' needed to convict an accused u/s 497 IPC. You need strict proof, in the absence of which no criminal liability would accrue.
M/s. Y-not legal services
(Expert) 28 June 2012
do you want to lodge a complaint against that person only? not against your wife?
if your wife denied the allegation mean you dont have any vase sir..
-y.not legal services-
Sudhir Kumar, Advocate
(Expert) 28 June 2012
